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GREENBERG v. NY CITY TR AUTH

7 N.Y.3d 139 (2006)

851 N.E.2d 1135

818 N.Y.S.2d 784

In the Matter of MARC GREENBERG, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of New York.

Decided May 4, 2006.

Attorney(s) appearing for the Case

Gladstein, Reif & Meginniss, LLP, New York City (Margaret A. Malloy of counsel), for appellant.

Foley, Smit, O'Boyle & Weisman, Hempstead (Warren J. Fekett of counsel), for New York City Transit Authority, respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK and ROSENBLATT concur with Judge R.S. SMITH; Judge READ dissents in a separate opinion in which Judge GRAFFEO concurs.

OPINION OF THE COURT

R.S. SMITH, J.

We hold that an award of damages under Workers' Compensation Law § 120 to an employee who has been discharged for claiming or attempting to claim workers' compensation benefits may include predecision interest.

Facts and Procedural History

Claimant was fired by the New York City Transit Authority in 1994, shortly after making a claim for workers' compensation...

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